By Abdul Somad Senin, 29 Januari 2018 Commercial Property Dishonest or Criminal Act Exclusion Entrustment Exclusion Eviction Vandalism Leasing Property is Entrusting Property for Purposes of the Dishonest or Criminal Act/Entrustment Exclusion COMMERCIAL PROPERTY – VANDALISM DAMAGE TO LEASED PREMISES – DISHONEST OR CRIMINAL ACTS EXCLUSION – ENTRUSTMENT EXCLUSION Winking Group...
By Abdul Somad Rabu, 24 Januari 2018 EUO EUO No-Show Defense No-Fault An EUO No-Show By Any Other Name... NO-FAULT – EUO NO-SHOW Active Care Med. Supply Corp. v. ELRAC Inc. (NYC Civ. Ct., Kings Co., decided 11/17/2017) How many assignor EUO no-s...
By Abdul Somad Senin, 22 Januari 2018 Defense Preclusion Fraudulent Misrepresentation No-Fault Rate Evasion The AAA Insurance Reporter & The Impact of Fraudulent Procurement of Auto Policies on New York No-Fault Claims In 2017, after a six-year hiatus, the American Arbitration Association's New York State Insurance Division brought back a "new and ...
By Abdul Somad Januari 22, 2018 11 NYCRR § 65-3.16(b)(3) Cancellation Divisibility Loss of Earnings No-Fault Personal Umbrella New York Court of Appeals Now Tweeting Insurance Coverage Decisions No, not really. That's just a click-baiting title. But seriously, the court's issuance on December 14, 2017 of 259-character and 219...
By Abdul Somad Jumat, 19 Januari 2018 Sign Me Up! What's not to like about free? With my recent return to blogging, you, too, can get weekly emails to your chosen inbox with new Coverag...
By Abdul Somad Kamis, 18 Januari 2018 "Residence Premises" Homeowners Property Residency The HOME in HOMEowner's Insurance -- Questions of Fact on Policyholder's Residence Preclude Summary Judgment PROPERTY – HOMEOWNERS – RESIDENCY REQUIREMENT Sosenko v. Allstate Ins. Co. (3rd Dept., decided 11/30/2017) No, not HOME as in four-fifths...
By Abdul Somad Minggu, 14 Januari 2018 "Accident" Intentional Act SUM When Is Bodily Injury "Caused by an Accident" for Purposes of Supplementary Uninsured/Underinsured Motorists Coverage? SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS COVERAGE – INTENTIONAL ACTS – "ACCIDENT" Matter of Progressive Advanced Ins. Co. (...
By Abdul Somad Sabtu, 13 Januari 2018 "Written Contract" additional insured Blanket Additional Insured Endorsement CGL Signed Bid Proposal Found to Constitute "Written Contract" Triggering Additional Insured Coverage COMMERCIAL GENERAL LIABILITY – BLANKET ADDITIONAL INSURED ENDORSEMENT – "WRITTEN CONTRACT" REQUIREMENT – SIGNED BID PROPOSAL Ne...
By Abdul Somad Senin, 27 Maret 2017 Insurance Law § 5103(b)(2) Intoxication Exclusion Necessary Emergency Health Services No-Fault Stabilization No-Fault Insurer Found Entitled to Breakdown of What Hospital Services Constituted Necessary Emergency Health Services NO-FAULT – NECESSARY EMERGENCY HEALTH SERVICES – STABILIZATION – INTOXICATION-CAUSED INJURIES St. Barnabas Hospital v. Government Employees ...
By Abdul Somad Selasa, 21 Maret 2017 "Residence Premises" Occupancy Property Residence Premises Residency What Does It Mean To "Reside" for Insurance Purposes? PROPERTY – RESIDENCY REQUIREMENT – CHANGE IN OCCUPANCY – AGENT LIABILITY Harrison v. Allstate Indemnity Co. (Sup. Ct., Steuben Co., decided...
By Abdul Somad Sabtu, 18 Maret 2017 Regulation 64 The Updated Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph I've blogged several times about the consumer advisory paragraph of New York Insurance Regulation 64 ( 11 NYCRR Part 216 ). Personal...
By Abdul Somad Jumat, 17 Maret 2017 Falsus in Uno Fraudulent Misrepresentation Falsus in Uno, Falsus in Omnibus It has been said that someone who lies about little things will lie about big things. Not may lie. Will lie. True or not, many jurisdic...
By Abdul Somad Kamis, 24 November 2016 Malicious Mischief Named Perils Turkey Floater Policy Poults, Planes, Piling & Named Perils -- A Fowl Coverage Decision for Thanksgiving COMMERCIAL PROPERTY – TURKEY FLOATER POLICY – MALICIOUS MISCHIEF Larson v. Fireman's Fund Insurance Company (Iowa Sup. Ct., decided 12...
By Abdul Somad Selasa, 15 November 2016 Regulation 64 Get Your Current 11 NYCRR Part 216 (NY Insurance Regulation 64) Here Go on. Find a copy of New York Insurance Regulation 64 (11 NYCRR Part 216) on the New York Department of Financial Services' website . ...